Liability Act (HG) - Purpose (HG)

1. This law regulates the liability for damage caused by the organs of the public commonwealth (canton, municipalities, and other public-law corporations and institutions) in the exercise of sovereign authority.

1. The following are considered organs

a. the authority and commission members of the community;

b. the public-law employees of the community;

c. the civil-law employees of the community, insofar as they are entrusted with a sovereign function.

1. This law does not apply to private parties causing damage.

2. If the fulfillment of a sovereign task has been delegated to private individuals, the public entity is liable. Reserved are special legal provisions as well as recourse to the contractors causing the damage.

1. This Act does not apply insofar as liability is governed by federal law or special cantonal regulations.

2. However, the public entity is liable jointly and severally under the provisions of this Act with the civil registrar and their supervisory authority, the commercial register officer and their supervisory authority, as well as the debt enforcement and bankruptcy officer.

1. To the extent that this law does not contain any provisions, the Swiss Code of Obligations shall apply as supplementary cantonal law.

1. The state is liable for the damage unlawfully caused to third parties by its organs in the exercise of sovereign authority.

2. The injured party has no claim against the perpetrator.

3. The state provides compensation, provided that the conditions established in the Swiss Code of Obligations are met.

1. For damage lawfully inflicted upon third parties by the organs of the public entity, the public entity shall be liable if individual parties are severely affected and it is unreasonable to expect them to bear the damage themselves.

1. The legality of formally legally binding decisions cannot be reviewed in a liability procedure.

2. The community is only liable for damages resulting from incorrect information in cases of intent or gross negligence by the acting person.

1. If a person serving multiple public entities has caused harm, these entities are jointly liable if the official activity cannot be attributed exclusively to individual public entities.

2. The involved public entities shall bear the damage in proportion to their interest in the official act.

1. The claim for damages against the public authority becomes time-barred two years after the date on which the damage and the liable public authority became known, but no later than ten years after the harmful act.

2. If the harmful act constitutes a criminal behavior for which criminal law prescribes a longer limitation period, that period shall apply.

3. The limitation period may also be interrupted by the written assertion of the claim for damages against the public authority.

1. If the state rejects the claim for damages, the claim shall be forfeited unless an administrative lawsuit (Art. 62 GOG) is filed within six months from the delivery of this notification. The rejecting decision must indicate the legal consequence of forfeiture.

2. Paragraph 1 shall apply mutatis mutandis to state liability claims that are directly related to civil law and must be brought before the cantonal court.

1. To the extent that the community acts as a subject of civil law, it is liable according to the provisions thereof.

1. Members of the authority or employees are liable for the damage they have caused to the community, directly or indirectly, through intentional or grossly negligent violation of their official duties, even after the termination of the employment relationship.

2. If several members of the authority or employees have jointly caused the damage, they are liable proportionally according to the extent of their fault. It is presumed that the members of an authority participated in its actions unless they prove otherwise.

1. If the public entity has compensated an injured party, it may seek recourse against the officials or employees who have caused the damage intentionally or through gross negligence.

2. If multiple officials or employees have demonstrably caused the damage jointly, they are to be held liable proportionally according to the degree of their fault.

1. The public entity may waive its claim against officials or employees if this is deemed justified under the circumstances. In doing so, particular consideration shall be given to the course of the damage, the previous conduct in office, and any financial hardship of the officials or employees.

1. The public entity shall notify the officials or employees against whom recourse is being considered as soon as a claim for damages is made against it.

2. If the public entity fails to provide such notification, the officials or employees shall be relieved from recourse to the extent that they can prove that a lesser compensation would have been paid if notification had been given.

1. Members or employees of authorities are entitled to free legal aid, provided that the conditions under the provisions of the Code of Civil Procedure are met.

1. The claim for damages or right of recourse of the community becomes time-barred two years after knowledge of the damage and the liable authority members or employees, but at the latest ten years after the damaging act.

2. If the authority members or employees reject the claim for damages or right of recourse of the community, it becomes forfeited if an administrative court action (Art. 62 GOG) is not brought within six months from the delivery of this notification.

1. Claims for damages and recourse against members of authorities or employees are asserted by their electing authority.

2. Differing authorities have jurisdiction to assert claims as follows

a. The Cantonal Council, if the claims are directed against a member of the Government Council;

b. The Government Council, if the election is conducted by the people or the Cantonal Council, or if the claims are directed against a member of the Cantonal Council or the Municipal Council;

c. The Municipal Council, if the election is conducted by the Municipal Assembly.

1. Upon the entry into force of this Act, the Responsibility Act of the 13th Winter Month 1869 shall be repealed.

1. This Act applies to liability claims that arise after its enactment.

2. The provisions of this Act shall apply in any case to the limitation of claims.

1. This law shall enter into force upon acceptance by the people.